Scottish Court of Session Decisions

Subject_1 TEINDS.

Sir Robert Gordon
v.
Dunbar

1744, Nov, 17.
Case No. No. 20.

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Notwithstanding that these lands had never been set for a joint rent stock and teind, but the teinds had always been drawn while under corn; yet in respect there was no sufficient evidence of the drawn teind (albeit it was in part owing to the heritors turning the grounds into grass, and keeping them all so from 1736, and a great part of them from 1732,) yet we thought his valuation could not stop on that account and we valued the teinds at a fourth of the rent of the stock, which however we were sensible behoved to be short of the true value of the drawn teind with deduction of the King's ease, as it must be in all grounds that are not able to pay a rent equal to third and teind, which very few lands in Scotland are; and here the defender the titular insisted that he had proved by the opinion of the tenants, that the drawn teind was equal to the whole rent, 22d February. 7th November 1744, Adhered unanimously except Arniston.